Cases involving shared liability can get complicated very quickly. Insurance adjusters will do what they can to shift as much of the blame as they can to you in an effort to drive down the amount of compensation they have to pay out.
You’ve been involved in a California car accident, and you’re pretty sure that you’re partially to blame. Maybe you didn’t brake in time or you should have reacted differently to the crash. If you’re like most victims, you may assume that your shot at compensation is gone—but that’s not the case. At DeWitt Algorri & Algorri, LLP, our car accident lawyers help victims like you pursue compensation even when they are partially at fault.
DeWitt Algorri & Algorri, LLP is committed to advocating for victims throughout California. If you’ve been injured in a crash, our trial-tested car accident law firm is the right choice for your personal injury claim. Call us at 855-WINNING (946-6464) to set up a consultation now.
What is Comparative Negligence?
The idea of comparative negligence allows an injured person to still receive compensation after an accident if they are partially to blame. It’s the opposite of contributory negligence, a law that exists in a handful of states. In contributory negligence states, if the court finds that a victim is even 1% at fault for an accident, they are completely barred from receiving compensation. In comparative negligence states like California, they can still receive compensation—but their compensation is generally reduced proportionate to their share of fault.
Why You Shouldn’t Assume You Have No Case
California’s comparative negligence law isn’t widely known outside legal circles, which means that some people give up the idea of a personal injury claim before they’ve even talked to a car accident attorney. The fact is, though, that you don’t know how an insurance adjuster or jury will break down fault until you’ve talked to an attorney. You might look at your accident-related error and assume that it renders you unable to receive compensation. A car accident attorney might look at that same error and find that you could still receive substantial compensation for what you lost in the accident. Even if you think you’re more to blame than the other party, it’s worth setting up a consultation at a car accident law firm to find out for sure.
How Shared Fault May Affect Your Compensation
California is a pure comparative negligence state. This means that even if you are 99% at fault for an accident, you can still get 1% compensation for the 1% of fault that is not yours. In most claims, this means that a victim would receive a negligible amount of compensation. However, it can make a significant difference in a crash causing a catastrophic amount of damage—for example, a truck accident.
Let’s look at how this might break down in a real accident claim with a car accident lawyer. Imagine you’re involved in a crash that costs you $100,000 in damages, between your injuries, your totaled vehicle, and your pain and suffering. The case goes to court and the jury determines that the other party is 80% at fault and you are 20% at fault. You lose out on 20% of the compensation and are awarded 80%, or $80,000.
The Importance of Legal Assistance
Cases involving shared liability can get complicated very quickly. Insurance adjusters will do what they can to shift as much of the blame as they can to you in an effort to drive down the amount of compensation they have to pay out. Unfortunately, by the time you realize they’re doing this, they may have already chipped away at your claim enough that you’ve left a lot of compensation on the table. When you bring in a car accident law firm to represent you, you can avoid taking on any more liability than necessary. In doing so, you can get a fair shot at maximum compensation.
An attorney well-versed in California’s comparative negligence laws will know how these laws are likely to affect your claim, how best to approach your case with these laws in mind, and what type of evidence is necessary to give you a fair shot at a favorable outcome.
Contact DeWitt Algorri & Algorri, LLP Today
When you’re injured in a car accident, the attorney you choose matters. At DeWitt Algorri & Algorri, LLP, we advocate aggressively for each and every client. Schedule a time to meet with us now by contacting us online or calling us at 855-WINNING (946-6464).
